Truth in Law
29 Pages Posted: 12 Feb 2011 Last revised: 3 Nov 2011
Date Written: November 3, 2011
In this essay I offer a speech act analysis of truth evaluable content of legal prescriptions. The argument is based on two main frameworks: one, drawn from an analogy with truth in fiction, explains the prefixed nature of legal statements, and the second explores the propositional content of legal prescriptions as a species of exhortative speech acts. Overall, the essay suggests an interpretation of legal prescriptions that allows for the validity of standard legal syllogisms.
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